Since
1968, county agencies have been required to make a determination as to
whether child abuse occurred in cases of reported alleged maltreatment. Over
the years, statutory requirements have expanded to include making
determinations in reports of neglect, as well as abuse, and determining
whether abuse or neglect is likely to occur. Policies regarding case finding
terminology have also changed over the years.

The case
finding decision is critical. It has implications for whether a family will
receive services, whether a child care or foster care license may be revoked
and, under recent state legislation, whether a person may hold certain
licenses or be employed in certain professions. It also impacts decisions
regarding a court action and removal of children from their homes. As such,
it requires careful deliberation and supervisory oversight and approval.

The case
finding terminology which is used for allegations that abuse or neglect has
occurred is the following:

Substantiated:

There is preponderance of the evidence that abuse or neglect has
occurred.

Substantiated/ Mutual Sexual Activity:

There is a preponderance of the evidence that sexual contact or sexual
intercourse occurred which was mutual and had no aspects of assault,
coercion or exploitation.

Unsubstantiated:

There is not a preponderance of the evidence that abuse or neglect has
occurred or evidence gathered lends weight to the belief that abuse or
neglect did not occur.

Critical Sources of Information Not Accessible/Unsubstantiated:

Critical sources of information necessary for establishing a
preponderance of evidence cannot be found or accessed.

What
is the Appeals Process for Substantiation?

Upon
receipt of a Notice of Substantiation letter, the aggrieved party must
request in writing the desire to appeal the substantiation of abuse or
neglect. This request must be sent to the Child Protective Services
Supervisor noted on the letter within 30 days of the receipt of the letter.

The
aggrieved party will then receive a written notification of the next step to
appeal the substantiation.